Post on 18-Jul-2020
ISA Workshop Paul Lynch Cook Islands (Sea Bed Man) http://www.cook‐islands.gov.ck/docs/research_paper.pdf
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Outline Introduction, Country report.
2011 –DSM activities in the Cook Islands
History of DSM in the Cook Islands
Current Regulatory framework steps
2011 and beyond
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Cook Islands Manganese NodulesOur future in good hands
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The Cook Islands, a large ocean state
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Cook Islands‐ a unique nation Stable, peaceful developing nation, low natural resources, small land area, low resident population, infrastructure constraints, large public service.
Tourism #1 earner Vast EEZ of 2 million km2 of deep ocean, 4‐5,000 metres No army or armed Police force or gangs. Good education levels, involved and public opinion and debate,
Low level corruption and criminal offending. Environmental concerns re. DSM are high, given our reliance on tourism (clean beaches image).
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DSM activities in 2011 Founding PIC in the SPC/EU DSM Project, June 2011
Received 2 Exploratory Applications in its EEZ
Both postponed by the Minister
Until we complete our Regulatory Framework, with assistance from DSM Project & informed by ISA standards
Natural Resource Adviser selected for 2012‐2014
Public awareness building and engagement7
DSM Awareness building
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Our Deep Sea Mining HistoryThe Ocean, our home,
pre‐ European life and beliefs
Colonial and Missionary era to our Independence in 1965
In 2009, Seabed Mining Act was passed
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DSM History in Cook IslandsExploratory Surveys found High Grade Nodules 1970’s‐Nodules reported by Russian/US researchers 1972 RV Tangaroa ‐ Rarotonga 1976 RV Ravakai – Penrhyn 1980 Hakurei Maru – south Penrhyn Basin 1983 Hakurei Maru 2 – south Penrhyn Basin 1985 – 1990 Hakurei Maru 2 – north Penrhyn Basin 1990‐1995 ‐ 1 mill km2 south EEZ 1985‐ 2005‐ Japanese Surveys
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Nodule Abundance
Found high abundant area at the central area of Cook Waters
Surveyed at EEZs of 5 costal states
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Cook Islands NodulesHigh abundance (42‐60 kg/m2)
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Towards 2012 and beyond…. Cook Islands have been awaiting advances in Technology to mine at depth
Little progress for years.
BUT NOW…. With recent technological advances and renewed international interest in DSM
The Cook Islands Government has recently taken positive steps in the area of DSM
Moving up to the “starting line with the baton”
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DSM Policy of the Cook Islands A comprehensive national DSM Policy has been prepared The DSM Policy has been adopted by both the former and present national new governments
The DSM Policy provides – a written declaration of the principles that will guide the Government of the Cook Islands in the management of DSM.
the foundation for the comprehensive regulatory framework to be established to ensure wise management of the DSM for the benefit of present and future generations of Cook Islanders
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SBM Act 2009 of the Cook Islands The centrepiece of our Regulatory Framework is a new, dedicated and comprehensive law to govern all DSM activities in the Cook Islands;
Contains provisions to govern all rights, obligations and interests in DSM in the Cook Islands;
Reflects international best practices concerning in the extractive industries (mining and petroleum);
Contains provisions that reflect the unique features of DSM activity;
Carefully tailored to complement existing laws in Cook Islands.
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DSM Institutional arrangements The Minister will be responsible for the implementation of the new law
A ‘National Seabed Minerals Authority’ will be created, with day‐to‐day responsibility for administering the new law, including licensing, monitoring, compliance and enforcement;
A ‘Seabed Minerals Commissioner’ appointed by the Minister will be the Head of the National Seabed Minerals Authority;
A ‘Seabed Minerals Advisory Board’ will be established to provide a formal avenue for community and stakeholder consultation and participation concerning management of the seabed minerals sector.
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DSM Model Agreement
The SBM Act provides a model ‘Seabed Mineral Agreement” in accordance with accepted international practice
This would be the basis for a legally‐binding agreement between the Government and a Mining Company on specific undertakings to facilitate and regulate the conduct of DSM activities (Exploration and Exploitation)
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Foreign Investment controlsBTIB role and MFEM Act controlsRegulated also by the SBM Act 2009The Minister approves DSM investment Minister enters DSM Agreement In a process managed by the DSM AuthorityDSM Authority conducts the negotiations
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Financial controls to be set
National Trust Fund to be based on the Norwegian model
DSM specific Tax regime, informed by a recent IMF report prepared for the Cook Islands
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Fiscal Regime to be set
Revenue management is important consideration for Cook Islands Government
Environmental Controls SBM Act 2009 applies the environmental controls in the Environment Act 2003
Precautionary approach is in both Acts EIA process adopted in both ActsDSM is still an unknown, frontier endeavour of a finite resource
Lessons to be learnt from on‐going DSM activities in other PICs in the region and the Area
Supporting Regulations needed
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Environmental Controls Environmental controls are included in the SBM Act‐ Section 124 (4) (i) for Applications for Exploration Licences.
Section 198 (3) (i) for Applications for Mining Licences (up to 15 years, Section 170)
Section 214‐ Suspension of rights Section 215‐ Cancellation of rights Part 6.2‐Monitoring provisions Part 8.2‐ Environmental Management provisions.
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COOK ISLANDS FUTURE BENEFIT
To ensure that the Cook Islands benefits from any entry into the DSM sector in its EEZThe Cook Islands have started setting a regime of controls for operations in the DSM sector that must be environmentally prudentWe are taking steps to be ready
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Our DSM Division currently
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Still a long way to go… our DSM future awaits….
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Capacity Building required The SBM Act 2009 is not in force yet
It first requires significant Budgetary support from the Cook Islands government and assistance from overseas partners to set its institutional framework
Also Capacity building and training is required of Cook Islanders to be able to wisely manage and benefit from this exciting resource, in both environmental and financial terms (DSM Project)
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Paul Lynch Cook Islands: http://www.cook‐islands.gov.ck/docs/research_paper.pdf
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